3 new laws weaken rights safeguards

Three laws passed by Bangladesh’s parliament this month have reduced the National Human Rights Commission’s investigative powers, changed the mechanism for probing enforced disappearances and replaced the Rapid Action Battalion with the Special Response Battalion, Human Rights Watch said on Wednesday.

The rights group said the measures roll back safeguards introduced during the 2024-26 interim government and could weaken independent scrutiny of alleged abuses by security agencies.

The laws concern the National Human Rights Commission, prevention and redress of enforced disappearances, and the creation of the SRB in place of RAB.

The government has maintained that the new SRB framework contains stronger mechanisms for accountability, discipline and action against misconduct.

NHRC powers draw scrutiny
The interim government had introduced an ordinance giving the NHRC greater authority to investigate allegations involving security agencies, along with changes intended to make appointments, funding and staffing more independent.

It also established a National Preventive Mechanism to inspect and monitor places of detention. That ordinance lapsed after the change of government, and parliament passed new NHRC legislation on September 6.

HRW said the new law does not generally allow the commission to directly investigate alleged rights violations by security agencies. Instead, the NHRC may initially seek a report from the agency concerned, although it can take further steps in some circumstances if no response is received or the report is considered inadequate.

The organisation also raised concerns over the appointment process, the commission’s financial and administrative independence, and the status of the National Preventive Mechanism.

HRW said the new framework may not meet the Paris Principles, the international standards governing the independence and effectiveness of national human rights institutions.

Disappearance probes changed
Parliament also adopted the Enforced Disappearance Prevention and Redress Act on September 6.
Under the law, when one security agency is accused in an enforced disappearance case, another security agency may be appointed to investigate.

HRW said the interim government’s ordinance had instead empowered the NHRC to investigate such allegations and inspect detention facilities, including suspected secret detention sites. Those powers were not retained in the same form under the new law.

The rights group also raised concerns over changes to the standard for command responsibility.

According to HRW, the previous framework was closer to the Rome Statute standard, under which responsibility can extend to commanders who knew or should have known of abuses and failed to prevent them.

The new law, HRW said, requires evidence of direct orders before a commanding officer can be held responsible for an enforced disappearance.

RAB replaced by SRB
Parliament passed the Special Response Battalion Act on September 10, formally replacing RAB with the SRB.

HRW said the new force began operating on September 16 and inherited RAB’s personnel, powers, property and records.

The transition has prompted debate over whether it represents a substantial institutional overhaul or primarily a restructuring of the existing force.

HRW said the legislation lacks sufficient provisions on independent oversight, personnel vetting, arrest and detention safeguards, and accountability for past abuses.

RAB has faced longstanding allegations of extrajudicial killings, enforced disappearances and torture. The United States imposed sanctions on the force and several current and former officials in 2021 over serious human rights allegations.

During parliamentary discussions, the government rejected criticism that the SRB was merely RAB under a new name and said the new structure would strengthen accountability and disciplinary procedures.

HRW seeks stronger safeguards
HRW called for the rules governing the SRB to include independent external oversight, human rights vetting, safeguards on arrest and detention, and preservation of RAB records and evidence.

It also urged Bangladesh’s international partners, including the United States, European Union and United Kingdom, to raise the issue with the government.

HRW Asia director Elaine Pearson said Bangladesh needed an independent human rights institution capable of investigating allegations involving security forces and broader security-sector reform.

The government, meanwhile, has said the SRB’s legal framework provides mechanisms to investigate misconduct and take disciplinary action against its members.

The dispute comes as Bangladesh continues efforts to reform law enforcement institutions while addressing allegations of enforced disappearances, extrajudicial killings and other abuses from previous administrations.